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STATE EX REL. OHIO CITY. COMM'N v. SAMOL

No. 14865.

275 S.E.2d 2 (1980)

STATE ex rel. the OHIO COUNTY COMMISSION v. Thomas C. SAMOL, As Administrator, etc.

Supreme Court of Appeals of West Virginia.

Opinion Filed July 15, 1980.

Concurring Opinion October 7, 1980.

Attorney(s) appearing for the Case

Phillips, Gardill, Hazlett & Kaiser and Paul T. Boos, Wheeling, for relator.

Jackson, Kelly, Holt & O'Farrell, James K. Brown, Lee O. Hill and Taunja Willis Miller, Charleston, for intervenor, City of Huntington. Goodwin & Goodwin, Richard E. Rowe and Joseph R. Goodwin, Charleston, for amicus curiae, Jay Goldman, etal.

Hamb, Poffenbarger & Williams and John Poffenbarger, Charleston, McKittrick & Vaughan and Dennis R. Vaughan, Jr., St. Albans, Lynch, Lynch, Carr & Kabala, Ralph Lynch, Jr. and Mary Conturo, Pittsburgh, Pa., for Butcher & Singer Inc., et al.

Hutchinson & James and Paul R. Hutchinson, Jr., Beckley, for National Association of Industrial and Office Parks.

Landers P. Bonenberger, Asst. Pros. Atty., Wheeling, for respondent.

MILLER, Justice:

In this original mandamus, we are asked to determine the constitutionality of W.Va.Code, 13-2C-1 et seq., which authorizes counties and municipalities to issue revenue bonds for commercial projects. By an order entered on June 5, 1980, we declared the provision to be constitutional for the reasons to be stated in this opinion.

The relator, The Ohio County Commission, sought mandamus to compel its administrator, Thomas C. Samol, to affix...

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